US attorney general Michael Mukasey said today that the Guantanamo trials would go ahead despite a US Supreme Court ruling yesterday.
There is uncertainty over the start of war crimes trials at Guantanamo Bay following yesterday's ruling, which stated that detainees have constitutional rights and can appeal to civilian courts.
Lawyers for an alleged September 11th, 2001, plotter and for Osama bin Laden’s former driver said they would use the ruling to argue that charges against their clients should be dismissed.
The ruling also could have far-reaching consequences for the five alleged September 11th conspirators, who were arraigned at Guantanamo last week.
But US attorney general Michael Mukasey said today the ruling would not affect the trials.
“I’m disappointed with the decision, in so far as I understand that it will result in hundreds of actions challenging the detention of enemy combatants to be moved to federal district court,” Mr Mukasey said.
“I think it bears emphasis that the court’s decision does not concern military commission trials, which will continue to proceed. Instead it addresses the procedures that the Congress and the president put in place to permit enemy combatants to challenge their detention."
The trials operate under a law passed by a Republican-controlled Congress in 2006, but Congress is now controlled by the Democrats.
US officials have said the military can hold enemy fighters without charge for the duration of the conflict to protect the US and its allies. In this case, the conflict is the "war on terror", which could last generations.
President George W. Bush said he would determine whether new legislation “might be appropriate” in response to the Supreme Court ruling.
PA